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B-206035 1 (1982-04-26)

handle is hein.gao/gaobadkgn0001 and id is 1 raw text is: FILE: B-206035 MATTER OF: J R DIGEST: THE' COMPTROLLUISEINEWRAL OF THE UNITEDb 3TATEII WASHINGTON, DC, R05413 rIATE; April 26, 1982 ames P. Wendel--Intermittent Employee-- etroactive Change in Appointment Departlent of the Army civilian employee who was appointed as a commissary store worher on an intermittent basis may not be retroactively granted a regular part- time appointment, with accompanying fringe benefits, in the absence of evi- dence establishing that he worked a pre- scheduled, continuous, regular tou' of dutyv Since the claimant has not pro- duced evidence sufficient to counter the administrative determination that he was not provided specific duty hours in advance, we cannot authorize a retro- active change in status on the basis of his claimed continuous regular tour of duty, Mr. James P. Wendel has requested reinvestigation and reconsideration of our Claims Group's determination that as an intermittent employee he was not entitled to earn leave and other fringe benefits as a part-time employee having a regular tour of duty. Absent convincing evidence establishing that Mr, Wendel worked an. administratively prescribed regular tour of duty, there remains no legal basis upon which this Office can authorize his retroactive conversion from an intermittent appointment to a regular part-time appointment with accompanying fringe benefits. BACKGROUND Mr. Wendel's claim for retroactive accrual of annual ind sick leave and holiday pay arises in connection with his intermittent appointment avi a Store Worker (WG-7602-4) with the Midwest Commissary Field Office, Fort Bliss, Texas. In essence, Mr. Wendel contends that although his appoint- ment was designated intermittent, he in fact worked reg- ularly scheduled tours of duty during the period from May 10, 1979, through September 20, 1980. Thus, Mr. Wendel contends that he should have been entitled to earn leave and other fringe benefits associated with such actual part-time employment.

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